James Bischoff had denied the offence but was found guilty of it by a 6-3 majority at trial in November. A judge in the Magistrate’s Court had accepted jurisdiction of the matter but Bischoff elected trial by the higher court.
The sentencing court heard that he maintained his innocence.
He was ordered to perform the maximum 240 hours of community service as a direct alternative to one year in prison.
Imposing the sentence, Judge Catherine Fooks said that, exceptionally, the court had been persuaded that it was appropriate to impose a sentence other than one of immediate custody given the significant mitigation in the defendant’s favour, and the contents of the probation report.
But she said that the wider effects which his offending had on his life, which included losing his career, paled into insignificance compared to the long term effects that it would have on his victim.
Crown Advocate Fiona Russell told the court how the incident had happened in July 2024. The complainant and her friend, who were not previously known to the defendant, initially met him in a Town bar where they exchanged conversation and he and the complainant’s friend exchanged telephone numbers.
Later that night they saw him again in Folies, where they began dancing. Bischoff had his arms around both women. He lowered his hand to the complainant’s waist, put it inside the elastic of her trousers and touched her pubic area. She was initially reluctant to support a criminal investigation but changed her mind about 10 days later.
Bischoff’s work as an audit associate took him to and from the island. He was identified via the contact details he had exchanged with the complainant’s friend and his LinkedIn account.
In March last year it was reported to Guernsey Police that he was back on the island and he was arrested. He exercised his right to silence in interview but did take to the stand in court. There he admitted putting his hand around the woman’s waist but denied putting it down her trousers.
In a victim impact statement, the complainant said the incident had caused a serious deterioration in her mental health. She had found it impossible to relax knowing that court proceedings would be coming.
Advocate Samuel Steel, defending, said he was limited by what he could say as his client maintained his innocence.
But he had reflected on the incident and was mindful of the fear that consuming excessive alcohol and laddish presentation could induce in others. He had cut down on his alcohol consumption since this incident.
He had lost his job in the islands as a result of it and there were now reporting consequences to his professional body.
Counsel said his client was young, had no previous convictions, and had abided by his bail conditions and notification requirements to the letter. He urged the court to impose a penalty of community service rather than one of immediate custody.
Bischoff will be subject to notification requirements for five years.